Possession claims can remove homes and generational wealth, yet published possession data does not routinely tell the public whether ethnicity is linked to notice, participation, evidential safeguards, reasons, TWM labels or ultimate property loss.
Institutional racism and racial disparity have been investigated and measured in policing and criminal justice. There is no rational basis for assuming that civil courts, tribunals and property procedures are uniquely immune from conscious or unconscious bias. The proper response is to collect data, test outcomes and investigate unexplained disparities.
HMCTS has published protected-characteristics data for selected reformed services, but its published service list did not include possession proceedings. The Ministry of Justice publishes possession volumes and outcomes, but not a routine linked analysis of ethnicity against notice, hearing type, representation, reasons, transcripts, safeguards, restrictive labels and property loss.
The Civil Justice Council has referred to a civil-justice “data desert” in tracking parties and says reliable, high-quality data is essential to understand whether the system is accessible and fair. If Government does not produce the required possession-and-ethnicity dataset, affected communities must gather a defensible evidence base themselves.
| Indicator | Question being tested | Primary evidence |
|---|---|---|
| Ethnicity and representation | Are BAME litigants more often unrepresented or denied effective participation? | Voluntary self-identification, hearing records and representation history. |
| Directions converted to final possession | Was adequate notice and preparation time provided? | Listing notice, order, transcript and attendance note. |
| Fraud or dishonesty allegations | Were they tried with disclosure and evidential testing, or rejected by label? | Pleadings, disclosure orders, expert applications, reasons and transcripts. |
| Missing record | Could the decision be effectively reviewed? | Transcript request, audio position, written reasons and court responses. |
| Enlargement of prior orders | Did later courts treat an unresolved matter as finally decided? | Issue-by-issue comparison of pleadings, orders and reasons. |
| Property and family impact | What equity, income, inheritance and housing security were lost? | Registers, valuations, accounts, tenancy/trust documents and loss schedules. |
Judicial immunity has produced no effective personal remedy against the judicial acts identified in the founding evidence, while BAME litigants report losing homes, portfolios, rent, equity and generational wealth. Open justice allows public judgments, orders and accurately reported judicial acts to be scrutinised and shared lawfully.
If there was ever a time for BAME communities to be ready and act, it is now. If you know someone who believes they lost property unfairly, share this website with them. Stolen Legacy will investigate the available record, provide a free initial case-pattern analysis, and record interest in the proposed group action for compensation and institutional change.